1. (a) Review of existing evaluation data. As part of an initial evaluation (if appropriate) and as part of any reevaluation under Part B of the Individuals with Disabilities Education Act, the IEP team and other qualified professionals, as appropriate, must:

   1. (1) Review existing evaluation data on the child, including:

      1. (A) Evaluations and information provided by the parents of the child;
      2. (B) Current classroom-based local or state assessments and classroom-based observations; and
      3. (C) Observations by teachers and related services providers; and

   2. (2) On the basis of that review and input from the child’s parents, identify what additional data, if any, are needed to determine:

      1. (A) Whether the child is a child with a disability, as defined in 34 C.F.R. § 300.8 and 6 CAR § 130-608, or, in case of a reevaluation of a child, whether the child continues to have such a disability;
      2. (B) The present levels of academic achievement and related developmental needs and educational needs of the child;
      3. (C) Whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and
      4. (D) Whether any additions or modifications to the special education and related services are needed to enable the child to:

2. (i) Meet the measurable annual goals set out in the IEP of the child; and

   1. (ii) Participate, as appropriate, in the general education curriculum.

3. (b) Conduct of review. The group described in subsection (a) of this section may conduct its review without a meeting.

   1. (c) Need for additional data. The public agency must administer such assessments and other evaluation measures as may be needed to produce the data identified under subsection (a) of this section.

      1. (d) Requirements if additional information is not needed.

   2. (1) If the determination under subsection (a) of this section is that no additional data are needed to determine whether the child continues to be a child with a disability and to determine the child's educational needs, the public agency must notify the child’s parents of:

      1. (A) That determination and the reasons for it; and

      2. (B) The right of the parents to request an assessment to determine:

         1. (i) Whether, for purposes of services under this part, the child continues to be a child with a disability; and
         2. (ii) The child's educational needs.
   3. (2) The public agency is not required to conduct the assessment described in subdivision (d)(1)(B) of this section unless requested to do so by the child’s parents.

4. (e) Evaluations before change in eligibility.

   1. (1) Except as provided in subdivision (e)(2) of this section, a public agency must evaluate a child with a disability in accordance with 34 C.F.R. §§ 300.304 – 300.311 before determining that the child is no longer a child with a disability.

   2. (2) The evaluation described in subdivision (e)(1) of this section is not required before the termination of a child's eligibility under this part due to:

      1. (A) Graduation from secondary school with a regular diploma; or
      2. (B) Exceeding the age eligibility for FAPE under state law.
   3. (3) For a child whose eligibility terminates under circumstances described in subdivision (e)(2) of this section, a public agency must provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child's post-secondary goals.

Codification Notes: The Individuals with Disabilities Education Act is codified at 20 U.S.C. § 1400 et seq.